THE LEGAL NATURE OF THE CONSTITUTIONAL COURT

Abstract

The paper contains a review of the legal nature of the constitutional-judicial function as a state function of more recent date and its place in the existing traditional system of trichotomous separation of powers. Today, it is generally accepted that the constitutional judiciary is the most effective mechanism for preserving the constitutional separation of powers. Considering the fact that the separation of powers does not exclude the possibility of overlapping the jurisdictions of different holders of state power, the role of the Constitutional Court is particularly important in this respect. It is precisely the specificity of the constitutional-judicial function, which is reflected in the resolution of constitutional disputes, that opens the dilemma whether the constitutional court is a form of specific legislative action, a judicial authority or a separate state body sui generis. Although the Constitutional Court has similarities with both the legislature and the judiciary, the numerous differences and peculiarities of the Constitutional Court function are sufficient to make the Constitutional Court a separate state body.